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2016-07-13 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Minutes July 13, 2016 Regular Meeting 6:30 pm -Borough AUG 18 2016 CALL TO ORDER CHAIR ARNDT called to order the July 13, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger. A quorum was established. Community Development Department staff present was Sara Mason, Sheila Smith, Jack Maker, and Bob Pederson. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the May 18, 2016 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to three minutes per speaker) Caller on the line but the phone system disconnected the call once answered. PUBLIC HEARINGS Limited to three minutes per speaker. Local telephone number is 486-3231; Toll Free is 1-855- 492-9202. A) CASE 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The applicant is Alaska Wireless Network and the agent is new Horizons Telecom, Inc. The location is 1812 Mill Bay Road and the zoning is B -Business. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 1 COMMISSIONER PAINTER MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. Sara Mason reported this case was postponed at the April meeting and was supposed to be on the June agenda but that meeting was canceled. On June 16, staff received supplemental information from the applicant; on the 21s' staff completed another supplemental staff report after review of this information, and staffs recommendation has not changed. We recommend the variance be granted with no conditions. We did modify finding of facts #6 to reflect the applicant's due diligence in finding a location within their search range. Open public hearing: Phone call was disconnected. Travis Drake, GCI Project Manager, stated he implements urban wireless solutions in most urban areas in the state. The variance request for the tower is seventeen feet over the allowable height limit for tower structures. This project started in 2014 to improve coverage in Kodiak for GCI's subscribers and to deploy for GLTE. Not only did they want to deploy new technology, they wanted to fill all the coverage gaps that were experienced with their voice and data services. He went through the slide deck handout provided to the commission. Sherrie Greenshields, New Horizons Telecom Site Acquisitions Specialist, stated she has been working with AWN trying to locate a site in Kodiak within the search ring. She tried to locate on City of Kodiak land, KIB land, or the Kodiak Baptist Mission land. These allowed utility use. She tried to get on the hospital land but they were not willing to consider due to wanting to expand. Pederson told her that the code allows radio station use that also allowed cell towers on Business zoned land. Looking at the FCC database and comparing it to the borough parcels she found three towers that had been constructed on Business zoned land in the past; three over fifty feet in height and they had been given variances. We have constraints because of the proximity to Lilly Lake and the airfield. We sent letters requesting interested parties to allow us to locate a cell facility on their property, and we received one response, which is the site we are requesting a variance for. We were able to negotiate a lease area. We moved the site to the corner away from the neighboring house so the tip over of the tower would not affect any structure currently constructed. Kevin Arndt stated he sent the letter opposing this tower. He needs clarification that the fall zone is within the lease property, what has changed. This is obviously not a concern because it has not been brought up since he sent the letter in. It is not a condition anymore, he does not understand why. They moved it from the house up against his property line that puts more of the fall radius on his property. There is no existing building on Arndt's property right now but what does that mean in the future. Nobody has ever complained about these towers because they have been on Business land, nobody has ever worried about what might happened to it if it falls. Arndt contacted his insurance carrier along with the tower property owner got in touch with the insurance carrier. Arndt's insurance company said it would not become an issue until something was built there and if it were brought to their attention, they would look at it. They use the term unstable tower or building they would be adverse to insuring with anything on adjoining property. This tower should fall within the property, and not encumber the neighbors in any way. Caller could not be put through Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 2 Phil Weisman, GCI Construction Manager, stated he spent the last year refurbishing and reconditioning GCI's towers across the island. It would be his job to build the tower should the variance be approved. The tower was designed with the newest specifications from the Feds and State of Alaska; it exceeds all those requirements in both foundation and in tower design. It is a monopole because every other type of tower has a breakpoint that allows it to break off and go whichever way it wanted to. Monopole's are designed with a slip sleeve that slides onto one another and are bolted; they will bend but will not break. There is a possibility, however slim that the tower might fall over which is why we have a turnover radius in the design. The chances of a tower this high falling over would have to be along the lines of the 64' earthquake, it's just not going to happen. This design is the best the State and Federal Government can produce. We took into account wind loading, ice loading, and seismic activity so this is one of the best design towers. We have done our due diligence as far as what's existing right now and we made the move to accommodate the fact that it would not affect anything that exists today if it fell over. Close public hearing: During discussion, some commissioners expressed concern regarding the impact on neighboring lots. ROLL CALL VOTE ON MOTION FAILED 3-3. The noes were COMMISSIONERS ARNDT, BALDWIN, and SPALINGER. The ayes were COMMISSIONERS ALTENHOF, PAINTER, and SCHMITT. B. CASE S16-012. Request a vacation of a 10' wide sanitary sewer easement on Lots 2B and 3, Block 1, U.S. Survey 3066AB (KIBC 16.60). The applicant is Dave Hilty and the agent is Chris Lynch. The location is 1834 & 1844 Mission Road and the zoning for Lot 2B is R2 -Two-family Residential and Lot 3 is B -Business. COMMISSIONER PAINTER MOVED to approve the vacation of a 10' wide sanitary sewer easement on Lots 213 and 3, Block 1, U.S. Survey 3066AB (KIBC 16.60), subject to one (1) condition of approval and to adopt the findings of fact entered into the record for this case as "Findings of Fact" for Case No. S16-012. Jack Maker stated the 10 -foot wide sewer easement runs through two adjacent lots owned by the applicant. This request is an effort to increase available development area on the lots, in addition areas within and around the easement have significant erosion. Vacation of the easement will allow the applicant to restore the eroded areas. The easement contains a sewer outfall that has not been used since construction of the City's Wastewater Treatment Facility in the 70's and then in the 90's it was removed from the system. City Public Work's Director Mark Kozak provided comments stating the City no longer has a need to retain the easement. The easement has never been platted so the applicant does not have to file a plat but staff recommends the applicant file the appropriate document with the State Recorder's Office. Staff recommends approval subject to one condition of approval. Director Pederson stated the recommendation is based on experience that it is common that easements can be relinquished by just recording of a relinquish of the easement by the easement holder against the title of the property. Open public hearing: None Close public hearing: CONDITION OF APPROVAL Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 3 Within twenty-four (24) months of the date of approval, the applicant shall perfect the vacation by filing a document that vacates the easement with the Alaska Department of Natural Resources State Recorder's Office. A copy of the recorded document shall be provided to the Community Development Department. FINDINGS OF FACT 1. Vacation of the easement will increase available development area on the lots and allow restoration of eroded areas within and around the easement 2. The easement serves no practical purpose and is no longer needed by the City of Kodiak. 3. The easement is of no value to the City or Borough. 4. The vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. 5. The specified condition of approval will ensure the vacation is perfected by filing appropriate documentation with the Alaska Department of Natural Resources State Recorder's Office ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-019 (Postponed from the June 15, 2016 meeting). Request a Conditional Use Permit for a transportation facility on a ± 8.28 -acre portion of Lot 2, Tract B, U.S. Survey 3470, (KIBC 17.200.010 and 17.50.040.H). The applicant is the State of Alaska Department of Transportation & Public Facilities and the agent is Brad Persson. The location is 32829 Chiniak Highway and the zoning is C -Conservation. COMMISSIONER PAINTER MOVED to grant a Conditional Use Permit for a transportation facility on a Portion of Lot 2, Tract B, U.S. Survey 3470 (KIBC 17.200.010 and 17.50.040.1-1), subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-019. Sara Mason reported this is for the reconstruction of the Kalsin Bay Maintenance Station on the Chiniak Highway just passed the Y. DOT is still using this as a staging and storage area for gravel and salt, and they still have trucks there. The maintenance shop itself has been demolished The files that Assessing, Community Development Department, and the Building Department has does not show any records of zoning compliance, conditional use permits, or building permits being issued at any time for the original structure that was destroyed in 2014 but the Assessing records do indicate that there buildings was present in 1989. In 1887, Quit Claim Deed conveyed the site from DOT to Leisnoi and the property was never platted. Since the conveyance did not comply with Title 16, it is not a legal subdivision of land and that is the reason for the one condition that preliminary plat approval be obtained before zoning compliance can be issued for the project. Once it is reconstructed, DOT will use it for the same purposes that the original structure was used. COMMISSIONER SCHMITT MOVED TO AMEND the condition of approval to state that final plat approval must be obtained before zoning compliance for excavation or construction will be issued. Open public hearing: None Close public hearing: CONDITION OF APPROVAL 1. Final plat approval must be obtained before zoning compliance for excavation or construction will be issued. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 4 FINDINGS OF FACT 1. This use has existed on the site for several decades without negatively impacting the value, spirit, character, and integrity of the surrounding area. 2. The conditional use satisfies all requirements of the C -Conservation zoning district (KIBC 17.50) and Conditional Use Permit requirements (KIBC 17.200). 3. The conditional use will enhance public health, safety, convenience, and comfort by allowing ADOT&PF to operate more efficiently and reliably. 4. This conditional use permit is not for a public use or structure, but is publically funded and provides direct public benefit. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY D. CASE 16-021. Request a Conditional Use Permit to construct a passive microwave communication repeater tower on a portion of Section 35, T.27S, R.221N, Seward Meridian (KIBC 17.200 and 17.50.040.H). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is Afognak Native Corporation and the agent is Carl Gatter, Kodiak Microwave Systems, LLC. The location is approximately 7 miles southeast of the City of Port Lions and the zoning is C - Conservation. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, per KIBC 17.200 and 17.50.040.1-1, to construct a communication repeater tower and related facilities on a leased site approximately 7 miles southeast of the City of Port Lions within Section 35 of T.27S, R.22W, Seward Meridian, subject to four (4) conditions of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-021. Jack Maker stated that at the July 2015 regular meeting the commission approved CUP's and a Variance for a series of towers to transmit an existing microwave signal to the communities of Larsen Bay and Karluk. The intent of transmitting that signal was to provide broadband internet and other communication services. At that time, the applicant planned to transmit the signal from an existing tower from an existing KEA 30 foot tower approximately ''Y2 mile away from this site. To transmit that signal they wanted to co -locate equipment on that tower, that is no longer an option. The result the new tower is required to transmit the signal. Initially, it was thought to be a passive microwave repeater, which is unpowered. Staff found that it is a powered active repeater. Propane tanks and support structures are what we speak of in the motion. Open public hearing: None Close public hearing: Brief discussion CONDITIONS OF APPROVAL 1. Natural vegetation immediately surrounding the facility will be preserved to the maximum extent possible. 2. Should the site be abandoned for any reason, the site will be cleared of all improvements and returned to a natural state within one year of abandonment. 3. Any modification that would substantially alter the visual impact or permitted purpose of the facility will require a new Conditional Use Permit. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 5 4. A signed copy of the site lease between Kodiak Microwave Systems, LLC (lessee) and Afognak Native Corporation (lessor) shall be provided to the Community Development Department prior to issuance of zoning compliance. FINDINGS OF FACT 1. The Conditions of Approval for this conditional use should ensure that the value, spirit, character, and integrity of the surrounding area are maintained. 2. The conditional use will fulfill all the requirements of the C -Conservation zoning district. 3. This facility will not be harmful to the public health, safety, convenience, or comfort. The project is designed in accordance with acceptable engineering standards and will be constructed, maintained, and operated in accordance with all applicable federal, state, and local requirements. 4. The selected site fulfills all engineering requirements and provides for sufficient setbacks, buffers, and other safeguards. 5. This facility is specifically located to provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E. CASE 16-022. Request a Variance to construct a 50' tall passive microwave communication repeater tower that exceeds the C -Conservation zoning district 35' building height limit on a portion of Section 35, T.27S, R.221N, Seward Meridian (KIBC 17.195 and 17.50.070). This tower is part of a system that will provide broadband internet and other telecommunications services to the communities of Larsen Bay and Karluk. The applicant is Afognak Native Corporation and the agent is Carl Gatter, Kodiak Microwave Systems, LLC. The location is approximately 7 miles southeast of the City of Port Lions and the zoning is C -Conservation. COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.50.070, to construct a fifty (50) foot tall microwave communication repeater tower that exceeds the C - Conservation zoning district thirty-five (35) foot building height limit by fifteen (15) feet on a leased site approximately 7 miles southeast of the City of Port Lions within Section 35 of T.27S, R.22W, Seward Meridian, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-022. Maker reported this is a Variance for the tower that you just approved a CUP for. Transmitting the signal to provide services to Karluk and Larsen Bay requires the construction of a 50' height tower at this specific site. The site has gone through the Fish & Wildlife Service permit process and this is going to be the site for the tower. It is going to take a 50' tower to reach the line of sight in this area. Staff recommends approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The geographical locations of the City of Larsen bay and Village of Karluk require a highly elevated site and the use of a communications tower that exceeds the tower height required to provide similar broadband internet and telecommunications services to other communities. 2. The strict application of the Conservation zoning 35 foot building height limit would deny the communities of Larsen Bay and Karluk services that are currently enjoyed by other communities within the Borough. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 6 3. The site is more than adequately isolated from developed areas and provides for sufficient setbacks, buffers, and other safeguards. The project is designed in accordance with acceptable engineering standards and will be constructed, maintained, and operated in accordance with all applicable federal, state, and local requirements. The recommended conditions of approval for the Conditional Use Permit for this tower (Case No. 16-021) should further ensure that this variance does not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. 4. This variance is consistent with various Comprehensive Plan land use, education, and economic goals. 5. The special conditions from which relief is being sought are caused by the geographical location of the communities the tower will serve, not the applicant. The construction of a tower that exceeds the building height limit is required to overcome those special conditions. 6. A communications facility is a conditional use for Conservation Zoning. The applicant has applied for the required Conditional Use Permit (Case No. 16-021). Should that Conditional Use Permit and this variance be granted, zoning compliance may be issued for construction of this facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY F. CASE 16-020. Request a Conditional Use Permit for non -recreational mineral extraction activities (gravel extraction) on a portion of Section 28, T.29S, R.20W, Seward Meridian (KIBC 17.200 and 17.50.040.F). The applicant is Leisnoi, Inc. and Koniag, Inc. and the agent is Matthew Schram, Quality Asphalt Paving. The location is near Mile 21, Chiniak Highway (known as the old Rendezvous gravel pit) and the zoning is C -Conservation. COMMISSIONER SPALINGER MOVED to postpone Case No. 16-020 to the November 16, 2016 Planning and Zoning Commission regular meeting. Mason stated that Matt Schramm, QAP, was originally the agent when we received this application. The intent was for QAP to use this pit for a specific State project this summer. QAP has since found material sources elsewhere but Koniag and Leisnoi would still like to persue using this pit in the future. Given that it's not a pressing need Koniag requested this to be postponed to November to allow them to do more research and to speak with adjacent property owners. Open public hearing: Todd Hiner stated he is a landowner of three parcels that equal around ninety-eight acres. He has lived in Middle Bay for twenty-two years and his property is about three -hundred feet from the entrance of the proposed gravel pit. He is strongly opposed to expansion of this small gravel pit and he urged the commission not to push it through. The gravel is very poor quality that has been tested by experts. The gravel is very dirty in this area and washing it in a manmade pond or using the two anadromous fish streams on both sides of it to wash the gravel clean and then send the dirt back down the fish streams is not a good idea. He has artesian springs on his property that he owns the water rights to that has a lot of water flow. He purchased his property with mineral and sub -surface rights and he is very concerned about the aquafers and underground channels that affect his water tables and artesian springs. The larger the pit's footprint becomes the more potential to expand its operation. This will immensely impact the local area and local salmon streams that feed the American River. The applicant, QAP, had four sites on this CUP. The agent has changed and it is lacking many details. Several other government agencies have not been contacted. Please slow this down; there are many established gravel sources already. To his knowledge, this pit has never had a CUP. A few Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 7 applications were submitted but none was acquired. It should not be considered a pit because it was never properly permitted. Hiner's kids will be living a few hundred feet from the proposed site and it will change the quality of their lives. It is one of the few valleys left on the road system that has not been commercialized. The Middle Bay study that was done says that due to the sunlight and quality of the soil it is the most fertile soil to grow things in all of Kodiak. Please do not allow a CUP to divert their artesian springs and divert the water that we have water rights to. Marilyn Guilmet, Faith Farms, stated she has been farming in Middle Bay for twenty-two years raising sheep, certified seed potatoes, inspected and tested garlic, and she bales hay and straw. She needs the water to irrigate her land. She has five water rights that she has had over eighteen years. She maintains every right to expect, because of their due diligence of obtaining those rights that is going to continue into the future. This would desperately alter their situation as far as water. They have two artesian wells, two artesian ponds and springs, and one intermittent drainage named Slough Creek, which is a fish stream. The plan as proposed would have the water used to wash the gravel or wastewater at the site be shot down Slough Creek that would fill up, which already fills up with gravel a few months because of improperly installed culverts by DOT. She has had thirty acres flooded twice this year; she could barely get to her animals to feed them. She had a foot of water around her log house and now they are saying they want to shoot their wastewater down Slough Creek that will make the situation worse. We are less than one-thousand feet from the location, dust, and noise. Everything is so sketchy on this plan that it is worthless. Koniag should have to go back to the drawing board and submit a new CUP application. There were three or four sites being looked and Matt Schram is no longer the agent so she thinks they have every reason to demand a more accurate plan in place. They want to take fifty-thousand tons of gravel out, there is a huge amount of dirt in this gravel and only a small amount of gravel has actually been taken out of this pit because it is not suitable for roads, it is barely suitable according to people who have looked at it and used it for cement. That is why it has not been used over the years. Because of the pollution, artesian springs, their water rights, and the beauty and health of the community she asked that you not allow this to happen. Jay Johnston stated he is a local resident close to this proposed gravel pit. Everything that has been said so far is on target. He has a well and he can imagine it is at risk. He is just across the street between Guilmet and the proposed pit. The odds are it will be a problem. He understands this could be allowed but if his well was impacted then he has legal recourse but that is not the appropriate way to handle things so he expects the commission to protect us from potential problems rather than forcing us into a legal situation. He agrees with both speakers before him and as he understands it, this request for a CUP needs to be retitled to the new applicants because it no longer includes QAP. Decline this and if they want to proceed, they can apply again or just postpone it to get more information. He agrees with his neighbors and he is against this moving forward in any shape. Close public hearing: In response to COMMISSIONER PAINTER'S inquiry if there is a rule about if applicants change or they switch from a QAP that they need to re-apply, Director Pederson said there is no change in the applicant in the surface or sub-surface estate owner. In reality, who the agent is has no legal bearing on an application. The underlying property owners who signed the application are still the applicants. In response to CHAIR ARNDT'S inquiry of when were the pictures taken on page 283 that shows equipment operating at this location, Sara Mason stated they were taken on June 8`h when she did a site visit, but this isn't QAP or Koniag's equipment, it is actually DOT's equipment. DOT has been using the pit inconsistently over the last few decades. They were granted Right-of-Way by the Federal Government in the late 60's. It predated the conveyances Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 8 to Leisnoi and Koniag so there has been some confusion over the years as to where the platted boundary is for what was granted to DOT. Koniag is working with DOT to figure this out. Director Pederson state the GIS imagery is from 2013. CHAIR ARNDT expressed concern about on page 292 that shows a Rendezvous benching plan, approximate and existing elevations. ARNDT stated that benching plans should not be approximate, they should be exact with elevations, where the overburden goes, and it has inadequate information. Mason stated part of the reason for Koniag's postponement request was they wanted to gather more detailed information to bring to the commission. CHAIR ARNDT stated for the record that he caught a lot of heat because he did not agree to a special meeting for this case and he did not appreciate it in light of the poor planning taken place. It needs to come back with more detailed information and to address the neighbor's concerns on the aquafer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY G. CASE16-023 (Two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of Lot 7A, Block 2, Monashka Bay Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer the parcel for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3116 Bay View Drive and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-01, recommending disposal of Lot 7A, Block 2, Monashka Bay Subdivision and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-023. Mason reported the Borough Lands Committee identified this parcel as surplus to the public needs so they recommended disposal and the subsequent Comp Plan Amendment and Rezone will be needed to allow residential construction. It has only been used as open space and the borough does not have any plans to develop the parcel for public use. The disposal will help facilitate the perceived needs for residential land. It is consistent with land use and housing goals in the Comp Plan. Staff recommends the commission forward this request to the assembly with a recommendation for approval. CHAIR ARNDT expressed concern regarding problems in the Monashka area with septic systems in general. COMMISSIONER ALTENHOF asked if the intention is to keep the RR1 zoning, Duane Dvorak stated yes, that is what we requested. Open public hearing: None Close public hearing: Duane Dvoark, Borough Resource Management Officer and agent, stated the Lands Committee has been looking at parcels for disposal. He is here to answer any questions. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 9 CHAIR ARNDT expressed concern and asked staff whether there should be a restriction due to the wetlands and the restriction being that there is no potential for subdividing. He would have a problem with someone purchasing it and it coming back for subdivision. Duane Dvorak stated they talked about it but did not recommend any restrictions. He said they planned to do in the sale guide is include the fact that there is wetlands, steep slopes, and issues or challenges to be overcome in the development. We do believe that with a 3.25 -acre parcel, as it stands, that there is adequate area to build a residence, a well, and septic. If someone were to propose a subdivision, we are requesting the RR1 zoning, primarily because that's what everything out there is zoned and it allows for a 40,000 sq. foot minimum but he would think that if someone did bring a request to subdivide that staff and the commission would review it on its merits at that time and if the wetlands are delineated it makes it a non-starter and we would cross that bridge when we get to it. FINDINGS OF FACT 1. The subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide one lot that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY H. CASE 16-024. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 7A, Block 2, Monashka Bay Subdivision from Public Facilities/Ownership to Rural Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone to accommodate listing this parcel in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3116 Bay View Drive and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 7A, Block 2, Monashka Bay Subdivision from Public Facilities/Ownership to Rural Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-024. Mason stated this is the future land use designation change for the property we just talked about in 16-023. It's zoned PL -Public Use Lands due to the ownership of the parcel and not because there were any plans to use it for a public purpose. RR1 lots surround it and all development in the area has been low density residential. This lot, being over three acres exceeds all the lot requirements for the zone. Even though there are some development hurdles to get over staff believes the lot is capable of accommodating the uses in RR1. We are not anticipating any traffic impacts. It is consistent with land use and housing goals in the Comp Plan. Staff recommends the commission forward this request to the assembly with a recommendation of approval. Open public hearing: Duane Dvorak, Borough Resource Management Officer and agent, stated he concurs with the staff recommendation. He is available for questions. Close public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 10 FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is adjacent to properties with a Future Land Use Designation of Rural Residential. 3. The subject parcel is of sufficient area and is capable of providing suitable rural residential building sites. 4. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to RR1-Rural Residential One. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CASE 16-025. Request a Rezone of Lot 7A, Block 2, Monashka Bay Subdivision from PL- Public Use Lands District to RR1-Rural Residential One District (Chapter 17.205 KIBC). The intent of this request is to rezone this parcel to a zoning district that permits residential construction so the parcel may be listed in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3116 Bay View Drive and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 7A, Block 2, Monashka Bay Subdivision from PL -Public Use Lands to RR1-Rural Residential One (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-025. Mason reported the staff analysis for the previous Case 16-024 also applies to this case. Staff recommends you forward this request to the assembly with a recommendation for approval. Open public hearing: Duane Dvorak, Borough Resource Management Officer and agent, stated he concurs with staffs recommendation. Close public hearing: During discussion, CHAIR ARNDT said he would like to see that there is no further subdividing of this parcel as a condition of the land sale until there is public sewer and water. FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is adjacent to RR1-Rural Residential One zoned land and uses. 3. The subject parcel is of sufficient area and is capable of providing suitable rural residential building sites. 4. The rezone is consistent with the adopted 2008 Comprehensive Plan Rural Residential Future Land Use Designation per Case No. 16-024. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 11 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT called a five minute recess at 8:15 p.m. CHAIR ARNDT reconvened the meeting at 8:20 p.m. J. 16-026 (Two cases that follow apply to the same parcels. Request a Title 18 Land Disposal review to consider disposal of Lots 2 and 3, Block 38, East Addition Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer these parcels for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 1121 and 1123 Baranof Street and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-02, recommending disposal of Lots 2 and 3, Block 38, East Addition Subdivision (Chapter 18.20 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-026. Maker stated these two lots are identified by the Lands Committee as land potentially surplus to the borough's needs. The lots have not been developed and have only served as open space since platted in 1958. Staff recommends approval. Open public hearing: Duane Dvorak, Borough Resource Management Officer and agent, stated this particular request was one of the cases that the commission requested the topo for at the work session. He concurs with staffs recommendation. These lots do seem steeper than the lots across the street or other lots in the area. If the commission wants to see these lots combined together or reconfigured now would be the time. We have other cases on tonight's agenda that are in the process of being surveyed and if we wait until later, it could throw us out of our tempo. He thinks that is something the commission brought up last week that maybe it needs to be considered tonight and if you wish to make some recommendation on it staff is prepared to do whatever needs to be done. CHAIR ARNDT asked what the intervals are, Dvorak stated it looks like 2' intervals CHAIR ARNDT said it has a 20 -foot elevation change from one corner to a diagonal corner in the back, from the front to the back. That is drastic, 50' wide and 100' long, so he would concur that it should be combined into one lot. Dvorak asked if the commission would have any problem if we did it as an abbreviated plat or would the commission want to see it come back as a preliminary plat. CHAIR ARNDT said the problem with abbreviated plats is the borough is approving their own plat without any commission review. He suggested bringing it back somewhere when the property at Island Lake comes back too. Dvorak said he was just looking for the commission's preference. CHAIR ARNDT asked as a Title 18 Land Disposal Review tell you here that we want to see it combined. Dvorak said we are looking for the disposal approval at a minimum but like the other guidance you offered in the other case he thinks there is enough administrative discretion that we can Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 12 take it and move forward. The topo does show that this is some good judgment but he would look for encouragement from the commission because now would be the time. COMMISSIONER SCHMITT MOVED TO AMEND the motion to insert a parenthetical after Lots 2 and 3 to read as one lot. John Whiddon stated he lives across the street from the two lots currently being discussed. We have polled the neighborhood and there is not a single neighbor that is interested in having these lots developed. We understand the precedence being set around town to release publicly held land for the development. The preference for us is to leave it as is. Some citizen concerns are major drainage issues, the topography, and what that will do to the drainage on the downhill side. It is one of the few green spaces that are part of the park. It also borders Main Elementary and it borders Baranof Park so we think that is not a bad use of that property. He is also concerned with the cost to development given that it's very steep and the cost to do the site development is going to be high. Our concern is that an apartment building or something will go in there. Cindy Malinit-Aquino stated she lives on Baranof and she is opposed to the land sales. Her and her husband agrees with the Whiddons. This area is going to be difficult to develop. The development of the park has exponentially increased the use of that area so the side area where we park has included overflow for not only the park but for the neighborhood schools that are there. Parents park along there and children use that as a route for them to walk. With an addition of a multi -family dwelling there, it will change the composition of our area and we are not interested in that. Close public hearing: Discussion regarding the Lands Committee, land sale, topography, zoning, neighborhood, and future needs. 1. The subject parcels are surplus to the public's need and, as such, are suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide two lots that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-2. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, and SPALINGER. The noes were COMMISSIONERS PAINTER and SCHMITT. K. CASE 16-027. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lots 2 and 3, Block 38, East Addition Subdivision from Public Facilities/Ownership to Urban Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone to accommodate listing these parcels in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 1121 and 1123 Baranof Street, and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lots 2 and 3 Block 38 East Addition Subdivision from Public Facilities/Ownership to Urban Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 13 Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-027. Maker stated this is the Comp Plan future land use amendment for the same two lots that was just discussed. The intent is to offer these for sale to the public for residential development. Should the disposal be approved, the future land use designation of the lots must be changed to a designation that will be consistent with a rezone to a district that allows for residential development. Staff recommends approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he's happy to answer any questions. COMMISSIONER SCHMITT said in the Findings of Fact #5 it says R2, we may want to change that to R1. Director Pederson said you could say to residential and determine the zoning with your next case. John Whiddon stated now that you are considering joining the two lots into one lot any potential developer is going to come in and have extensive development costs with site preparation and a lot of fill. It is not going to be low income at all unless there are multi -family put on those lots. Our concern is that there will be apartments put in. This neighborhood has been around for thirly plus years and we have invested in our homes and we are concerned multi -family dwellings could come in to our single-family neighborhood. Cindy Malinto-Aquino expressed concerns with traffic impacts. Once the park was developed with the Astroturf, this area has grown. There are football, soccer, and baseball games that run concurrent. When you say the impact on traffic is minimal, that's not true. With the school there, when there are school dances people are lined up on the side of the street. They occupy Main Elementary parking lot, Baranofs parking lot, the baseball field. Traffic is not minimal. There is also foot traffic. Close Public Hearing: COMMISSIONER SCHMITT MOVED TO AMEND Findings of Fact #5 by deleting the reference of R2 -Two-family before Residential. FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcels are adjacent to properties with a Future Land Use Designation of Urban Residential. 3. The subject parcels are of sufficient area and are capable of providing suitable residential building sites. 4. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to Residential. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 14 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, and SPALINGER. The noe was COMMISSIONER PAINTER. L. CASE 16-028. Request a Rezone of Lots 2 and 3, Block 38, East Addition Subdivision from PL- Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). The intent of this request is to rezone these parcels to a zoning district that permits residential construction so the parcels may be listed in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 1121 and 1123 Baranof Street, and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 2 and 3 (as one lot), Block 38, East Addition Subdivision from PL - Public Use Lands District to R1 -Single-family Residential District (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' for Case No. 16-028. Maker stated R2 zoning would have been consistent with other residentially zoned lots in the area and this would make a single R1 lot adjacent to PL zoning and R2 zoning. The lots are also capable of providing suitable residential building sites and the roadways serving the lots are capable of accommodating minimal traffic that may be generated by their development. Staff recommends approval. CHAIR ARNDT stated if you look kitty corner to Lots 2 and 3 there is R1 and directly to the back of the property there is R1 adjacent to R3 on Mill Bay and Malutin Lane. Maker said it is consistent with the Comprehensive Plan. COMMISSIONER SPALINGER said this makes it conform to the rest of the lots around it, which is single-family use. COMMISSIONER SCHMITT said if on the other side of Tract C1 there is a stretch of R1 as well. COMMISSIONER SCHMITT MOVED TO AMEND Findings of Fact #2 to read that the subject parcel is in an area containing R1 -Single-family Residential zoned land and uses. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open Public Hearing: Duane Dvorak, Resource Management Officer, stated multi -family residential would only be allowed in the R3 zone. The proposed zoning in the application is R2 and he knows people are saying this is a single-family residential neighborhood but these lots are zoned R2 that could have duplexes in theory if they can meet the parking requirements. Urban Residential could be R1, R2, or R3 and when the commission and assembly look at the Comprehensive Plan guidance because Urban Residential is so broadly defined that a lot of stock is placed on the context in which you find the particular lots that you are looking at. We seen R2 zoning and it appeared that R2 zoning was the most compelling but hearing the testimony in the previous cases, this is an R1 neighborhood except for the non -conforming multi -family at the corner, he would recommend consider expanding the scope of the rezone. Staff is not pushing for maximum density here. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 15 John Whiddon stated their concern is the cost to develop those two lots as one piece is going to define or restrict what that lot will be developed as. It makes sense if there is a huge development cost in order for any developer to get their money back there has to be either multi -family or a very expensive home. The nature of the property will push it or constrain it to certain types of development, which will not be conformance with the rest of the neighborhood. Close Public Hearing: FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is in an area containing R1 -Single —family Residential zoned land and uses. 3. The subject parcels are of sufficient area and are capable of providing suitable residential building sites. 4. The rezone is consistent with the Comprehensive Plan Urban Residential Future Land Use Designation per Case No. 16-027. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, and SPALINGER. The noe was COMMISSIONER PAINTER. COMMISSIONER PAINTER changed her vote to noe. M. CASE 16-029 (Two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 (Chapter 18.20 KIBC). The intent of this request is to subdivide the disposal area to create up to 5 lots to be offered for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL - Public Use Lands. COMMISSIONER ALTENHOF MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-03, recommending disposal of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 (Chapter 18.20 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' for Case No. 16-029. Maker stated the ± 1 -acre portion of Lot 1A-4 subject to this Land Disposal review has been identified by the Borough Lands Committee as land potentially surplus to the public's need. This portion of Lot 1A-4 has not been developed and has served only as open space. This disposal is an effort to address the perceived need for additional residential land in the community by subdividing the site to create up to five lots to be offered for sale to the public for residential development. Staff recommends commission approval and to forward to the assembly Open Public Hearing: Duane Dvorak stated this is another piece of property that was recommended for disposal by the Lands Committee. It has also went through the assembly who authorized staff to start making these requests to prepare these lots. This is a portion of a parcel. There are some drainage issues here but there's also some good high and dry land. The intent is to develop this + acre which we have a surveyor doing some preliminary work on it now. When this information becomes available, this is one we are trying to get your concurrence to dispose of subject to us bringing in a plat that will go before the commission. With disposing of the + acre, that will leave Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 16 about 1 '/3 acres on the other side that includes the park. He talked to the surveyor today and it is more likely to be four lots than five due to the drainage and physical features of the land. CHAIR ARNDT expressed concern regarding on page 480, looking at the yellow it comes to a point in the back. When you look at page 481, the topo shows a sweep and ending on that property line adjacent to it showing as 491. He does not like the point being looked at for disposal and he prefers that the sweep come off that corner of the lot with the address of 491. The problem comes in in the next two cases when we are looking at rezone on that portion. Dvorak said he thinks the recommendation on those is that the actual final boundaries would be fixed by subdivision so that the rezone, if it goes forward would not become effective until a plat is approved. The plat will come in after the rest of these cases have already been looked at. We're leaving it open for when this comes to the commission for you to define the boundaries as part of the subdivision process, you will have control over the final product. There are challenges here. CHAIR ARNDT stated that in having grown up here, on this corner of Island Lake Road he has seen five and six cars in the ditch in which you are proposing as this one corner lot. That is not going to work because we will get the icy road and cars will end up in the same location since the road has not changed. Don Swanson stated he and his wife have lived on an adjacent lot since 1980 and they have the corner lot that shows on his notice that it would be adjoining on a corner. Then he comes in to find on an aerial map that it goes halfway down our lot to the west. It says it should be R2 but with Urban Residential, you are leaving the door wide open that we do not know what will happen. There has been a lot building in the area and each time someone comes in and puts in more fill and another house. We added a lot of rock when we built but the water just keeps coming and coming, and now we are at the point where we have water that runs between the shop and the garage every winter that ices up. That drainage was not there when he built. Nobody knows how many lots are going to go in and we prefer that if this does happen to be consistent with the rest of the area, which is R2. Turn that into one big lot and all of a sudden, we will have a multi -family dwelling, which is a real concern. Island Lake has a Boy Scout area and the park will be infringed on. He's just concerned about the area growing, growing, and growing. We have a timbered area, cut down some of the trees and put in some houses and soon the rest of the trees will blow down. That will be his problem and it does change the complex of the area. He is just asking that the commission and borough to really give this some attention and address these issues. Arndt was right about that corner because it does fill up with cars in the wintertime, so that is not a buildable area unless you want cars in your yard. Think about all of this before you approve selling these lots. Leave some buffer zones toward those lots, an area in between. His biggest issue is how much more water is he going to have to contend with when other lots are put in and there's nothing saying those lots coming off Island Lake Road, some of those lots are wet right now and some are higher and dry. People are going to excavate and then put in rock to the point that they are not going to have a drainage problem but what happens to all the water that is there. Verna Swanson stated she wanted to reiterate and echo the sentiments that her husband spoke of and Jackie Herder had a letter that was also included. Mostly she liked the words that Duane Dvorak used "maximum density" is really a concern; it would compromise the whole area that we have become comfortable with. She is not fundamentally opposed to a rezone but she hopes that it is not just for the needs to put in as much as possible in small areas. She hopes consideration can be made to lot size and impacts that it will have on the surrounding area, the noise for the natural aesthetics of the area, and traffic. When you turn into Cove Drive on the corner, you cannot tell when you turn into Cove Drive about the curve coming around and traffic Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 17 will increase with new building going to happen. Water drainage and issues, we have dealt with these issues a lot since living there. She appreciates the commission's time and consideration. Close Public Hearing: Brief discussion of not making 5 lots but perhaps 3 lots, topo and access issues, cars in the ditch, streams being delineated on preliminary plat, and drainage issues. FINDINGS OF FACT 1. The identified portion of the subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide up to five additional lots that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY N. CASE 16-030. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 from Public Facilities/Owner-ship to Urban Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone to accommodate subdividing the portion to create up to 5 lots for listing in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 from Public Facilities/Ownership to Urban Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-030. Maker stated this request is for the same + one -acre portion. The intent is to change the future land use designation to Urban Residential to accommodate a rezone to R2. Staff recommends approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staffs recommendation. At looking at the pattern of zoning, R2 seemed like the best option for the application. It allows the possibility of duplex and single-family residential. It was the Lands Committee to not only make land available but to allow for the greatest number of dwelling units to be developed as well. Don Swanson spoke in opposition to R3 and stated R2 is fine. Urban Residential opens that door to the potential of R3. If you want to close that door, restrict it to R2. There was another lot that was restricted to R1 under the same scenario. It's an opportunity to restrict a multi -unit from going in there if someone were to buy two lots, subdivide it into one lot, and now they have one big lot to put an R3 in. Swanson requested someone tell him what SRO means. Duane Dvorak stated SRO is Single Residential Occupancy that would be a building with at least eleven rooming units, minimal parking requirements. This is really a specialty zone for low- income affordable housing, transient housing, or worker housing type things. It is a residential use as opposed to a hotel or motel. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 18 Don Swanson requested the commission limit it to no more than R2. Brief discussion FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The site is adjacent to properties with a Future Land Use Designation of Urban Residential. 3. The site is of sufficient area to be subdivided into as many as five lots that would be capable of providing suitable residential building sites. 4. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to R2 -Two-family Residential. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE CARRIED UNANIMOUSLY O. CASE 16-031. Request a Rezone of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 from PL- Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). The intent of this request is to rezone this portion to a zoning district that permits residential construction to accommodate subdividing the portion to create up to 5 lots for listing in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL -Public Use Lands. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a ± 1 acre portion of Lot 1A-4, U.S. Survey 3465 from PL- Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' for Case No. 16-031. Maker stated the rezone to R2 is consistent with surrounding residential zoning and uses allowed. The roads are capable of accommodating any traffic generated by development. The subdivision process will ensure the newly created lots are capable of providing suitable building sites. Staff recommends approval. Open Public Hearing: Duane Dvorak stated he concurs with staffs recommendation. He thinks R2 is the best recommendation. Close Public Hearing: Brief discussion. FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The site is adjacent to R2 -Two-family Residential zoned land and uses. 3. The site is of sufficient area to be subdivided into as many as five lots that would be capable of providing suitable residential building sites. 4. The rezone is consistent with the Comprehensive Plan Urban Residential Future Land Use Designation per Case No. 16-030. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 19 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY P. CASE 16-032 (Two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of Lot 5, Block 5, Monashka Bay Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer the parcel for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3482 Monashka Bay Road and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-04, recommending disposal of Lot 5, Block 5, Monashka Bay Subdivision and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-032. Mason reported this property was identified by the Lands Committee as surplus to public need and they recommended disposal along with a Comp Plan Amendment and Rezone. It has only been used as open space and there is not any plan to develop this lot. Making this property available will help alleviate some of the demand. It is consistent with land use and goals in the Camp Plan. Staff recommends approval. Open Public Hearing: Duane Dvorak stated the commission requested topo last week. It is a 2'/z -acre lot. There is no intention to subdivide this parcel; it is intended to be disposed of as a single lot. It has been maintained as open space but there is no plan to develop any public facilities here. In response to CHAIR ARNDT'S inquiry of what the elevation change is, Dvorak said he didn't see the topo distributed to the commission. COMMISSIONER SPALINGER said if you go to the page before the big topo, you can see a 110 and 130, and there is another 120 between those, so they are 2 feet increments. CHAIR ARNDT said it looks like there is around a 50 — 60 foot grade change Close Public Hearing: Discussion FINDINGS OF FACTS 1. The subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide one lot that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. I Z�71!>(�L►A�rL�31��7�7uL�S�L�]>��L•1:7:71��llld/•1�91iiG� CHAIR ARNDT called a 5 minute recess at 10:03 p.m. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 20 CHAIR ARNDT reconvened the meeting at 10:08 p.m. Q. CASE 16-033. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 5, Block 5., Monashka Bay Subdivision from Public Facilities/Ownership to Rural Residential (Chapter 17.205 KIBC. The intent of this request is to facilitate a rezone to accommodate listing this parcel in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 3482 Monashka Bay Road and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 5, Block 5, Monashka Bay Subdivision from Public Facilities/Ownership to Rural Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-033. Mason stated future land use designation change is for the property identified in Case 16-032. It's currently zoned PL -Public Use Lands and is vacant. Otmeloi Park is zoned PL -Public Use Lands but everything else in the general vicinity is zoned RR1 and already has a future land use designation of Rural Residential. All the development in the area has been low density residential and low density residential on this lot would fit in with the character of the area. We are not expecting any adverse traffic impacts. This request is consistent with land use and housing goals in the Comp Plan. Staff recommends approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staffs recommendation. Close Public Hearing: FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is adjacent to properties with a Future Land Use Designation of Rural Residential. 3. The subject parcel is of sufficient area and is capable of providing suitable rural residential building sites. 4. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands District to RR1-Rural Residential One District. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY R. CASE 16-034. Request a Rezone of Lot 5, Block 5, Monashka Bay Subdivision from PL- Public Use Lands District to RR1-Rural Residential One District (Chapter 17.205 KIBC). The intent of this request is to rezone this parcel to a zoning district that permits residential construction so the parcel may be listed in a future Borough land sale. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 5, Block 5, Monashka Bay Subdivision from PL -Public Use Lands District to RR1-Rural Residential One District (KIBC 17.205) and to adopt the findings of fact Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 21 listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-034. Mason stated staffs analysis for Case 16-033 is applicable to this rezone. Staff recommends approval and to forward to the assembly with a recommendation for approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staffs recommendation. Close Public Hearing: FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is adjacent to RR1-Rural Residential One zoned land and uses. 3. The subject parcel is of sufficient area and is capable of providing suitable rural residential building sites. 4. The rezone is consistent with the adopted 2008 Comprehensive Plan Rural Residential Future Land Use Designation per Case No. 16-033. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY S. CASE 16-035 (Two cases that follow apply to the same parcel). Request a Title 18 Land Disposal review to consider disposal of a ± 15,000 square foot portion of Lot 29, U.S. Survey 3099 (Chapter 18.20 KIBC). The intent of this request is to subdivide the disposal area to create up to two lots to be offered for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 2906 Spruce Cape Road and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-05, recommending disposal of a ± 15,000 square foot portion of Lot 29, U.S. Survey 3099 and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-035. Mason reported this proposed land disposal is conceptual as well. There are two conceptual lots shown on the maps provided that are not platted lots. This section of Lot 29 was identified by the Lands Committee as surplus to public needs and they recommended disposal, Comp Plan Amendment, and a rezone. This section is currently the helo pas site and it is no longer used. There are no other plans to develop this site. The Lands Committee identified this as potential for alleviating some of the need for residential land in the area. It is consistent with the land use and housing goals in the Comp Plan. Staff recommends approval with a recommendation to the assembly for approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staff's recommendation. At last week's packet review, it was mentioned about bringing the lots lines all the way out to the meander line along the shore, for that reason the applicant would like to recommend an amendment to make it + 20.000 so. feet. That will add additional square footage. He has a Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 22 surveyor looking at this site now and hopefully we will have a preliminary plat coming on your September agenda but until we get that information, he would like to keep the options open. As far as the comment about keeping it one lot, he would suggest looking at the plat first and then decide. Dvorak recommended making that change to all the cases related to this property. Close Public Hearing: COMMISSIONER SPALINGER MOVED TO AMEND the motion to + 20,000 square feet from 15,000 square feet. FINDINGS OF FACT 1. The subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide up to two lots that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. i0I��NdI���I�3►t�7�`�5[�3�[d�`iC�7G51�7�Z�TL'T7/�19dG►�`IISI�I«��I ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY T. CASE 16-036. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of a ± 15,000 square foot portion of Lot 29, U.S. Survey 3099 from Public Facilities/Ownership to Urban Residential (Chapter 17.205 KIBC). The intent of this request is to facilitate a rezone to accommodate subdividing the portion to create up to two lots for listing in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 2906 Spruce Cape Road and the zoning is PL -Public Use Lands. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a ± 20,000 square foot portion of Lot 29, U.S. Survey 3099 from Public Facilities/Ownership to Urban Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-036. Mason stated this is the future land use designation change for the property identified in Case 16-035 where the helo pad is and the dumpster at the other end of the lot. Development in the area has predominately medium density residential and several zoning districts and land uses have coexisted well. Given the traffic already in the area, we do not see any adverse impacts. It is consistent with land use and housing goals in the Comp Plan. Staff recommends the commission forward this request to the assembly with a recommendation for approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staffs recommendation. Close Public Hearing: FINDINGS OF FACT 1. Developable residential lots area known need throughout the Borough. 2. The subject parcel is adjacent to properties with a Future Land Use Designation of Urban Residential. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 23 3. The subject parcel is of sufficient area and is capable of providing suitable urban residential building sites. 4. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands District to R2 -Two -Family Residential District. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY U. CASE 16-037. Request a Rezone of a ± 15,000 square foot portion of Lot 29, U.S. Survey 3099 from PL- Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). The intent of this request is to rezone this portion to a zoning district that permits residential construction to accommodate subdividing the portion to create up to two lots for listing in a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 2906 Spruce Cape Road and the zoning is PL -Public Use Lands. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a ± 20,000 square foot portion of Lot 29, U.S. Survey 3099 from PL - Public Use Lands to R2 -Two -Family Residential (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' for Case No. 16-037. Mason stated the staff analysis for Case 16-036 is also applicable to this case. Similarly, we are recommending that the commission forward this rezone request to the assembly with a recommendation for approval. Open Public Hearing: Duane Dvorak, Resource Management Officer, stated he concurs with staffs recommendation. Dvorak stated when the applicant was preparing the application and looking at the concept configuration of two minimal 7200 sq. feet lots, R2 zoning seemed to be the best recommendation in that context but hearing the discussion about possibly making it into a single lot, if that were to happen he thinks R3 would be a better choice. Close Public Hearing: Discussion R3 zoning. FINDINGS OF FACT 1. Developable residential lots are a known need throughout the Borough. 2. The subject parcel is adjacent to R2 -Two -Family Residential zoned land and uses. 3. The subject parcel is of sufficient area and is capable of providing suitable urban residential building sites. 4. The rezone is consistent with the adopted 2008 Comprehensive Plan Urban Residential Future Land Use Designation per Case No. 16-036. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 24 OLD BUSINESS A. Reconsideration of an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District) COMMISSIONER ARNDT MOVED to reconsider the vote on Case 16-007 to recommend the Assembly approve the ordinance as amended by substitution attached to the May 13, 2016 memorandum, amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in certain residential zoning districts, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' for Case No. 16-007. Brief discussion ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, and SPALINGER. The noe was COMMISSIONER PAINTER. COMMISSIONER SCHMITT MOVED to postpone until the September 21, 2016 regular meeting ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, and SPALINGER. The noe was COMMISSIONER PAINTER. NEW BUSINESS COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement Letters C. KIB Parks and Recreation Committee Comments Rd: Narrow Cape COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • August 10, 2016 Work Session -6:30 p.m. -Borough Conference Room • August 17, 2016 Regular Meeting -6:30 p.m. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 25 B. Abbreviated & Final Approvals — Subdivisions • S16-008 Abbreviated Plat Procedure • S16-009 Abbreviated Plat Procedure C. Minutes of Other Meetings • April 26, 2016 Parks and Recreation Regular Meeting • May 24, 2016 Parks and Recreation Regular Meeting COMMISSIONER SPALINGER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to three minutes per speaker) Agenda Items not scheduled for public hearing and general comments. STAFF COMMENTS COMMISSIONER COMMENTS Scott Arndt welcomed Sara Mason and congratulated her for becoming the new Community Development Department Director. Barry Altenholf congratulated Sara Mason and he asked about a public meeting taking place with the residents of Killarney Hills, was that August 24'h. Is there a plan to broadcast the meeting to the community as well as the people in the vicinity of Killarney Hills? Sara Mason stated it is on August 24° at 6:30 p.m. at St. Mary's. We are going to send written correspondence to the folks who live in the immediate area. We will advertise it in a couple other ways also. KMXT is interested and we will probably talk to Julie Herrman at the Kodiak Daily Mirror. Greg Spalinger thanked staff for all the paper and he congratulated Sara Mason. Maria Painter congratulated Sara Mason and she thanked those who attended this meeting. Alan Schmitt also congratulated Sara Mason. At the last borough Parks and Rec meeting, they were given the date of August 31" as the potential joint work session between Planning and Zoning Commission and Parks and Recreation and maybe City Parks and Rec for the Killarney Hills process which is a Wednesday when this group typically meets, are there any legs to that. Sara Mason stated she mentioned at the last work session that she was looking at the 315' as a potential joint work session. She thinks what they are aiming for is a special session, if we can get a quorum of P&Z, and then invite members to come from the other groups. If it were a P&Z work session, it would only require a quorum from P&Z. Alan Schmitt said he looked at the work session packet before he left town and when he got back he wanted to look at the packet to see what was different and the minutes are on there but there still is not a link to them. He dropped his IPad off with IT yesterday and it was supposed to be fixed but it is still an issue. It still is not showing the link. He hopes it can be fixed. Jay Baldwin congratulated Sara Mason also. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 26 Scott Arndt asked staff to get the ventilation system turned on in the Assembly Chambers, this is ridiculous. ADJOURNMENT COMMISSIONER BALDWIN MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 10:45 p.m. KODIAK ISLAND BROUGH PLANNING AND ZONING OJAMISSION By: Scott Arndt, Chair ATTEST By: -i!:5q¢ lRa Sheila Smith, Secretary Community Development Department APPROVED: August 17, 2016 Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 27